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eBay is the leading online marketplace for the sale of goods and services by individuals and businesses worldwide. eBay is the owner of the registered trade marks for “EBAY” in a variety of classes.
Mediabay Marketplace Pte Ltd is an online marketplace for sports, entertainment and out-of-home services.
Mediabay designated protection in Australia of its trade mark for the Mediabay logo (below) under the Madrid Protocol, which was subsequently opposed by eBay.
eBay succeeded in its opposition under section 60 of the Trade Marks Act 1995 (Cth) due to:
In contrast, a section 44 ground of opposition, doesn’t take into account the reputation of the trade marks.